GUNWANT RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 04.10.2012, passed by the S.D.O., Vikramganj, Rohtas (Sasaram), whereby and whereunder the learned S.D.O., Vikramganj, Rohtas (Sasaram) has cancelled the P.D.S. licence of the petitioner as also for quashing the order dated 01.04.2018, passed by the Collector, Rohtas (Sasaram), whereby and whereunder the appeal of the petitioner bearing Supply Appeal no. 4 of 2012 has been dismissed.

(2.) The learned Senior counsel for the petitioner has raised a short point for consideration i.e. to the effect that the show cause notice dated 24.08.2012, issued by the S.D.O., Vikramganj, Rohtas (Sasaram) would bear it out that only three days notice has been given to the petitioner to submit his show cause reply which is arbitrary and amounts to grant of inadequate opportunity to enable the petitioner to submit his defence, hence amounts to non-compliance of the Principals of Natural Justice. In this regard, the learned Senior counsel for the petitioner has referred to a judgment reported in (Smt. Fulpati Devi v. the State of Bihar and others, 2013 1 PLJR 718), paragraphs no. 3 to 5 whereof, are reproduced hereinbelow :-

(3.) The learned counsel for the State has not denied the fact that only three days notice was given to the petitioner to submit his reply to the show cause notice dated 29.08.2012.